Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 2193 

1535–0112. We are not making 

substantive changes to these 

requirements that would impose 

additional burdens on auction bidders. 

List of Subjects in 31 CFR Part 356 

Bonds, Federal Reserve System, 

Government Securities, Securities. 

■ For the reasons stated in the preamble, 

31 CFR part 356 is amended as follows: 

PART 356—SALE AND ISSUE OF 

MARKETABLE BOOK-ENTRY 

TREASURY BILLS, NOTES, AND 

BONDS (DEPARTMENT OF THE 

TREASURY CIRCULAR PUBLIC DEBT 

SERIES NO. 1–93) 

■ 1. The authority citation for part 356 

continues to read as follows: 

Authority: 5 U.S.C. 301; 31 U.S.C. 3102 et 

seq.; 12 U.S.C. 391. 

■ 2. Amend § 356.4 by revising the 

introductory paragraph and paragraph 

(c) to read as follows: 

§ 356.4 What are the book-entry systems 

in which auctioned Treasury securities may 

be issued? 

There are three book-entry securities 

systems—the commercial book-entry 

system, TreasuryDirect, and legacy 

Treasury Direct—into which we issue 

marketable Treasury securities. We may 

obtain and transfer securities in these 

three book-entry systems at their par 

amount. Par amounts of Treasury 

inflation-protected securities do not 

include adjustments for inflation. 

Securities may be transferred from one 

system to the other, unless the securities 

are not eligible to be held in the 

receiving system. See Department of the 

Treasury Circular, Public Debt Series 

No. 2–86, as amended (part 357 of this 

chapter) and part 363 of this chapter. 

* * * * * 

(c) Legacy Treasury Direct. In this 

system, we maintain the book-entry 

securities of account holders directly on 

the records of the Bureau of the Public 

Debt, Department of the Treasury. Bids 

for securities to beheld in Legacy 

Treasury Direct are generally submitted 

directly to us, although such bids may 

also be forwarded to us by a depository 

institution or dealer. From time to time, 

Treasury may announce that certain 

securities to be offered will not be 

eligible for purchase or holding in 

Legacy Treasury Direct. 

Dated: January 12, 2007. 

Donald V. Hammond, 

Fiscal Assistant Security. 

[FR Doc. 07–209 Filed 1–16–07; 1:47 pm] 

BILLING CODE 4810–39–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2005–0124; FRL–8270–6] 

RIN 2060–AN34 

Air Quality: Revision to Definition of 

Volatile Organic Compounds—

Exclusion of HFE–7300 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action revises EPA’s 

definition of volatile organic 

compounds (VOC) for purposes of 

preparing State implementation plans 

(SIPs) to attain the national ambient air 

quality standards (NAAQS) for ozone 

under title I of the Clean Air Act (CAA). 

This revision would add 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane 

[also known as HFE–7300 or L–14787 or 

C2F5CF(OCH3)CF(CF3)2] to the list of 

compounds excluded from the 

definition of VOC on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. If you use or produce HFE–

7300 and are subject to EPA regulations 

limiting the use of VOC in your product, 

limiting the VOC emissions from your 

facility, or otherwise controlling your 

use of VOC for purposes related to 

attaining the ozone NAAQS, then you 

will not count HFE–7300 as a VOC in 

determining whether you meet these 

regulatory obligations. This action may 

also affect whether HFE–7300 is 

considered as a VOC for State regulatory 

purposes, depending on whether the 

State relies on EPA’s definition of VOC. 

As a result, if you are subject to certain 

Federal regulations limiting emissions 

of VOCs, your emissions of HFE–7300 

may not be regulated for some purposes. 

DATES: This final rule is effective on 

January 18, 2007. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2005–0124. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: 

David Sanders, Office of Air Quality 

Planning and Standards, Air Quality 

Strategies and Standards Division 

(C539–02), Research Triangle Park, NC 

27711; telephone (919) 541–3356; fax 

number (919) 541–0824; or by e-mail at 

sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

This action applies to you if you are 

a State that regulates VOC emissions as 

precursors to ozone formation or if you 

produce or use HFE–7300 or other 

compounds for which HFE–7300 may 

substitute. HFE–7300 has a variety of 

potential uses including as a heattransfer fluid and substitute for ozone 

depleting substances and substances 

with high global warming potentials, 

such as hydroflurocarbons, 

perfluorocarbons, and 

perfluoropolyethers. HFE–7300 may be 

used in azeotropic mixtures for use in 

coating deposition, cleaning, and 

lubricating applications. 

II. Background 

Tropospheric ozone, commonly 

known as smog, occurs when VOC and 

nitrogen oxides (NOX) react in the 

atmosphere. Because of the harmful 

health effects of ozone, EPA and State 

governments limit the amount of VOC 

and NOX that can be released into the 

atmosphere. The VOC’s are those 

compounds of carbon (excluding carbon 

monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, 

and ammonium carbonate) which form 

ozone through atmospheric 

photochemical reactions. Compounds of 

carbon (also known as organic 

compounds) have different levels of 

reactivity—that is, they do not react at 

the same speed or do not form ozone to 

the same extent. It has been EPA’s 

policy that organic compounds with a 

negligible level of reactivity need not be 

regulated to reduce ozone. The EPA 

determines whether a given organic 

compound has ‘‘negligible’’ reactivity by 

comparing the compound’s reactivity to 

the reactivity of ethane. The EPA lists 

these compounds in its regulations (at 

40 CFR 51.100(s)) and excludes them 

from the definition of VOC. The 


jlentini on PROD1PC65 with RULES
2194 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 

chemicals on this list are often called 

‘‘negligibly reactive’’ organic 

compounds. 

Since 1977 (42 FR 35314), EPA has 

used the reactivity of ethane as the 

threshold of negligible reactivity. 

Compounds that are less reactive than 

or equally reactive to ethane may be 

deemed negligibly reactive. Compounds 

that are more reactive than ethane 

continue to be considered reactive VOCs 

and subject to control requirements. The 

selection of ethane as the threshold 

compound was based on a series of 

smog chamber experiments that 

underlay the 1977 policy. 

Since 1977, the primary method for 

comparing the reactivity of a specific 

compound to that of ethane has been to 

compare the kOH values for ethane and 

the specific compound of interest. The 

kOH value represents the molar rate 

constant for reactions between the 

subject compound (e.g., ethane) and the 

hydroxyl radical (i.e., OH). This reaction 

is very important since it is the primary 

pathway by which most organic 

compounds initially participate in 

atmospheric photochemical reaction 

processes. 

III. Petition for Exclusion of HFE–7300 

On August 30, 2004, the Performance 

Chemicals and Fluid Division of the 3M 

Company submitted to EPA a petition 

requesting that the compound 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane 

[also know as HFE–7300 or L–14787 or 

C2F5CF(OCH3)CF(CF3)2] be added to the 

list of compounds which are considered 

to be negligibly reactive in the 

definition of VOC at 40 CFR 51.100(s). 

HFE–7300 has several potential uses. 

As a hydrofluoroether (HFE), this 

compound may be used as an 

alternative heat-transfer fluid to ozonedepleting substances, such as 

chlorofluorocarbons (CFCs). Under the 

Significant New Alternatives Policy 

(SNAP) program (CAA 612; 40 CFR part 

82 subpart G), EPA has identified some 

HFEs as acceptable substitutes for 

ozone-depleting compounds, although 

HFE–7300 has not been specifically 

identified. Because they do not contain 

chlorine or bromine, HFEs do not 

deplete the ozone layer. All HFEs have 

an ozone depletion potential (ODP) of 0 

although some HFEs have high global 

warming potential (GWP). In its 

petition, 3M points out that it has 

suggested HFE–7300 be used to reduce 

greenhouse gases resulting from 

emissions of compounds such as 

hydroflurocarbons, perfluorocarbons, 

and perfluoropolyethers in certain 

applications and, therefore, help reduce 

global warming potential. 

According to a U.S. patent application 

submitted by 3M Innovative Properties 

Company, HFE–7300 possesses the 

capacity to form a myriad of azeotrope 

mixtures with other organic compounds 

such as 1-bromopropane, 

hexamethyldisilazane, isobutyl acetate, 

methylisobutyl ketone, trans-1,2- 

dichloroethylene, and 

trifluoromethylbenzene which may not 

be exempt from VOC regulation. The 

patent application indicated that the 

azeotrope mixtures can be formulated at 

compositions of HFE–7300 ranging from 

1 to 100 percent, depending on the 

organic co-solvent and the desired 

properties of the azeotrope. This patent 

application lists a broad range of 

processes and applications where these 

azeotropes can be used. Some of these 

azeotrope uses include: (1) Coating 

deposition applications, where the 

azeotrope functions as a carrier for a 

coating material, (2) heat-transfer fluids 

in heat-transfer processes, (3) to clean 

organic and/or inorganic substrates, and 

(4) to formulate working fluids or 

lubricants for machinery operations and 

manufacturing processes. 

In support of their petition, 3M 

Company supplied information on the 

photochemical reactivity of HFE–7300. 

The 3M Company stated that, as a 

hydrofluoroether, this compound is very 

similar in structure, toxicity, and 

atmospheric properties to other 

compounds such as C4F9OCH3, 

(CH3)2CFCF2OCH3, C4F9OC2H5, 

(CH3)2CFCF2OC2H5, n-C3F7OCH3, and 

C3F7CF(OC2H5)CF(CF3)2 which are 

exempt from the VOC definition. 

Other information submitted by 3M 

Company consists mainly of a peerreviewed article entitled ‘‘Atmospheric 

Chemistry of Some Fluoroethers,’’

Guschin, Molina, Molina: Massachusetts 

Institute of Technology, May 1998, 

which has been submitted to the docket. 

This article discusses a study in which 

the rate constant for the reaction of the 

subject compound with the OH radical 

(kOH value) is shown to be 1.5 × 10¥14

cm3/molecule/sec at 25 °C. This is less 

than the kOH value for ethane, 2.4 × 

10¥13 cm3/molecule/sec at 25 °C, and 

slightly more than that for methane. 

The scientific information which the 

petitioner has submitted in support of 

the petition has been added to the 

docket for this rulemaking. This 

information includes references for the 

journal articles where the rate constant 

values are published. 

The EPA has included the 3M 

Company Material Safety Data Sheet for 

HFE–7300 indicating the compound as 

having low toxicity. This information 

has been placed in the docket. 

IV. EPA Response to the Petition 

The information provided by the 

petitioner demonstrates that HFE–7300 

meets the criteria that the EPA has 

established for negligible reactivity 

based on a comparison of kOH values. 

Therefore, on February 9, 2006 (71 FR 

6729), the EPA proposed adding 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane (or 

HFE–7300) to the list of compounds 

appearing in 40 CFR 51.100(s). 

The final applies this compound only 

in its pure state and does not apply to 

any of its azeotrope mixtures or organic 

blends in which any of the other 

constituents are not VOC exempt 

compounds. The term ‘‘pure state’’ is 

taken to mean at a composition purity 

level of at least 99.96 percent by weight 

of 1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl pentane 

[C2F5CF(OCH3)CF(CH3)2](cited in the 

patent application 10/739,231 published 

on June 23, 2005 titled ‘‘Azeotrope-like 

Compositions and Their Use,’’

Publication Number:US 2005/0137113 

A1). For emissions from the use of 

azeotropic mixtures and organic blends 

that contain both VOC exempt and nonexempt compounds, the proposed 

exemption applies to the mass (or 

weight) fraction of the emissions that 

consists of VOC exempt compounds. 

The EPA received no comments on 

this proposal. 

V. Final Action 

This final action is based on EPA’s 

review of the material in Docket No. 

EPA-HQ-OAR–2005–0124. The EPA 

hereby will amend its definition of VOC 

at 40 CFR 51.100(s) to exclude HFE–

7300 as VOC for ozone SIP and ozone 

control purposes. States are not 

obligated to exclude from control as a 

VOC those compounds that EPA has 

found to be negligibly reactive. States 

may not take credit for controlling this 

compound in their ozone control 

strategy. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not contain any 

information collection requirements 

subject to OMB review under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. It does not contain any 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 2195 

recordkeeping or reporting 

requirements. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply, with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An Agency does not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The control numbers 

for EPA’s regulations are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This final rule will revise EPA’s 

definition of VOC for purposes of 

preparing SIPs to attain the NAAQS for 

ozone under title I of the CAA. This 

final rule revision adds 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane 

[also known as HFE–7300 or L–14787 or 

C2F5CF(OCH3)CF(CF3)2] to the list of 

compounds excluded from the 

definition of VOC on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any 1 year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

The EPA has determined that this rule 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any 1 year. Since 

this final rule is deregulatory in nature 

and does not impose a mandate upon 

any source, this rule is not estimated to 

result in the expenditure by State, local 

and Tribal governments or the private 

sector of $100 million in any 1 year. 

Therefore, the Agency has not prepared 

a budgetary impact statement or 

specifically addressed the selection of 

the least costly, most cost-effective, or 

least burdensome alternative. Because 

small governments will not be 

significantly or uniquely affected by this 

rule, the Agency is not required to 

develop a plan with regard to small 

governments. Thus, this rule is not 

subject to the requirements of sections 

202, 203 and 205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This final action addressing the 

exemption of a chemical compound 

from the VOC definition does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action does 

not impose any new mandates on State 

or local governments. Thus, Executive 

Order 13132 does not apply to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

had specifically solicited comment on 


jlentini on PROD1PC65 with RULES
2196 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 

the proposed rule for this action from 

State and local officials, but the EPA 

received no comments. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

This final rule does not have Tribal 

implications. It will not have substantial 

direct effects on Tribal governments, on 

the relationship between the Federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes, as 

specified in Executive Order 13175. 

This action does not have any direct 

effects on Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this rule. In the spirit of Executive 

Order 13175, and consistent with EPA 

policy to promote communications 

between EPA and Tribal governments, 

EPA specifically solicits additional 

comment on this final rule from Tribal 

officials, but EPA received no 

comments. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

While this final rule is not subject to 

the Executive Order because it is not 

economically significant as defined in 

Executive Order 12866, EPA has reason 

to believe that ozone has a 

disproportionate effect on active 

children who play outdoors (62 FR 

38856; 38859, July 18, 1997). The EPA 

has not identified any specific studies 

on whether or to what extent the 

chemical compound may affect 

children’s health. EPA has placed the 

available data regarding the health 

effects of this chemical compound in 

Docket No. EPA-HQ-OAR–2005–0124. 

In the proposed rule, the EPA invited 

the public to submit or identify peerreviewed studies and data, of which 

EPA may not be aware, that assess 

results of early life exposure to the 

chemical compound HFE–7300. No 

such information was identified. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

As noted in the proposed rule, 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (‘‘NTTAA’’), Public Law 104–

113, section 12(d), (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, with 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules: (1) Rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). The EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of particular 

applicability to manufacturers and users 

of this specific exempt chemical 

compound. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Therefore, this rule will be effective 

upon publication in the Federal 

Register. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: January 11, 2007. 

Stephen L. Johnson, 

Administrator. 

■ For reasons set forth in the preamble, 

part 51 of chapter I of title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7641q. 

§ 51.100 [Amended] 

■ 2. Section 51.100 is amended at the 

end of paragraph (s)(1) introductory text 

by removing the words ‘‘and methyl 

formate (HCOOCH3), and 

perfluorocarbon compounds which fall 

into these classes:’’ and adding in their 

place the words; ‘‘methyl formate 

(HCOOCH3), (1) 1,1,1,2,2,3,4,5,5,5- 

decafluoro-3-methoxy-4- 

trifluoromethyl-pentane (HFE–7300) 

and perfluorocarbon compounds which 

fall into these classes:’’

[FR Doc. E7–638 Filed 1–17–07; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on PROD1PC65 with RULES